MANAGEMENT T N SPECIAL 139 VASUDEVANALLUR PRIMARY AGRICULTURAL CO OPERATIVE BANK LTD Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The respondent No.2 was employed as Secretary under the petitioner bank, a co-operative society, constituted under the Tamil Nadu Co-operative Societies Act, 1983. For the alleged misconduct of the respondent No.2, departmental proceeding was initiated and enquiry was held. In the enquiry report the respondent No.2 was found guilty in respect of some of the charges. On the basis of such finding, the bank dismissed the respondent No.2 from service by order dated 1.8.1997. Thereafter the respondent No.2 filed an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, which was numbered as T.N.S.E.No.5 of 1997, before the Deputy Commissioner (Appellate Authority under the Tamil Nadu Shops and Establishments Act). The Appellate Authority set aside the order of dismissal on the findings that the conclusions of the enquiry officer were perverse and were against the principles of natural justice. The aforesaid order is being challenged in the present writ petition.

(2.) Learned counsel appearing for the petitioner has raised two submissions, one relating to the jurisdiction of the first respondent to deal with the appeal and the other relating to the justification of the conclusions reached by the respondent No.1.

(3.) The first question relates to interpretation of the provisions contained in Tamil Nadu Shops and Establishments Act, 1947, in short T.N.S.E. Act, and the Tamil Nadu Co-operative Societies Act, 1983. It has been submitted that in exercise of power under Section 6 of the T.N.S.E. Act, the State Government has issued notification dated 4.10.1987 to the effect that the co-operative society is exempted from the provisions contained in the said Act except Sections 31,41,43,50 and 51 of such Act. For the purpose of the present writ petition, only Section 41 of the Tamil Nadu Shops and Establishments Act is relevant and it is extracted hereunder :-